Section 53-12-50 – Commissioner authorized to promote consistency and interoperability.
53-12-50. Commissioner authorized to promote consistency and interoperability. The commissioner of the Bureau of Information and Telecommunications may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state . If appropriate, those […]
Section 53-12-40 – "Transferable record" defined.
53-12-40.”Transferable record” defined. For purposes of this chapter, the term, transferable record, means an electronic record that: (1)Would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing; and (2)The issuer of the electronic record expressly […]
Section 53-12-41 – Person having control of transferable record.
53-12-41. Person having control of transferable record. A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. Source: SL 2000, ch 225, §41.
Section 53-12-42 – Requirements for creation, storage, and assignment of transferable record–Authoritative copy.
53-12-42. Requirements for creation, storage, and assignment of transferable record–Authoritative copy. A system satisfies §53-12-41, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1)A single authoritative copy of the transferable record exists that is unique, identifiable, and, […]
Section 53-12-43 – Person having control of transferable record is holder with same rights and defenses as holder of equivalent record.
53-12-43. Person having control of transferable record is holder with same rights and defenses as holder of equivalent record. Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision 57A-1-201(20), of the transferable record and has the same rights and defenses as a holder of an […]
Section 53-12-44 – Obligor under transferable record has same rights and defenses as obligor under equivalent records.
53-12-44. Obligor under transferable record has same rights and defenses as obligor under equivalent records. Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code. Source: SL 2000, ch 225, §44.
Section 53-12-45 – Proof of control of transferable record.
53-12-45. Proof of control of transferable record. If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records […]
Section 53-12-46 – Government agencies to determine extent to which electronic records will be created and retained.
53-12-46. Government agencies to determine extent to which electronic records will be created and retained. Each governmental agency shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records. Source: SL 2000, ch 225, §46.
Section 53-12-47 – Commissioner to promulgate rules for state agencies using electronic records and signatures.
53-12-47. Commissioner to promulgate rules for state agencies using electronic records and signatures. To the extent that a governmental agency uses electronic records and electronic signatures under this chapter, the commissioner of the Bureau of Information and Telecommunications shall promulgate rules pursuant to chapter 1-26 to specify for state agencies: (1)The manner and format in […]
Section 53-12-48 – Board of Regents to determine extent to which electronic records and signatures will be used.
53-12-48. Board of Regents to determine extent to which electronic records and signatures will be used. With respect to records under its control, and except as otherwise provided in §53-12-30, the Board of Regents shall determine whether, and the extent to which, the board and the institutions under the board’s control shall send and accept […]